News & Analysis as of

Vaccinations Confidential Information

Rivkin Radler LLP

The Employment Law Reporter - June 2022

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Here is what we cover in this issue of The Employment Law Reporter: •The U.S. Court of Appeals for the Second Circuit has issued an important decision in a case that presented the question of what a plaintiff asserting...more

Davis Wright Tremaine LLP

Best Practices for Tracking and Storing COVID-19 Vaccination Status of Employees

Verifying employees' COVID-19 vaccination status raises unique confidentiality and privacy concerns for employers. Documentation regarding an individual's vaccination status is confidential medical information under the...more

American Conference Institute (ACI)

[Event] Law of Policing Conference, Eastern Edition - May 4th - 5th, Toronto, ON, Canada

The Canadian Institute’s 13th Annual Law of Policing Conference, Eastern Edition is returning to Toronto on May 4 – 5, 2022. For 2 days, chiefs of police, in-house counsel, and a wide-variety of government and civilian...more

Epstein Becker & Green

#WorkforceWednesday: Employee Privacy and COVID-19, CMS Vaccine Mandate on Hold, Independent Contractor Classification -...

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This week, we look at complying with the rules that require employers to keep employee COVID-19 vaccination and testing information confidential. HIPAA, Employee Privacy Protections, and COVID-19 (see video attached) ...more

Spilman Thomas & Battle, PLLC

Protecting Employees' Private Health Information from a Cyberattack in the Age of COVID-19

With COVID-19, employers are receiving and processing an ever-increasing amount of their employees' confidential health information. From COVID-19 test results to vaccination status, many employers are routinely collecting...more

Fisher Phillips

An Employer’s Guide to Navigating Third-Party Vaccine Mandates on Visitors, Vendors, and More

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As employers implement their own internal COVID-19 protocols and procedures, many have the additional burden of complying with third-party vaccine policies or enforcing their own vaccine policies upon non-employees such as...more

Fisher Phillips

How Employers Can Handle Confidentiality and Privacy Concerns Related to Collecting COVID-19 Vaccine Information

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With many current COVID-19 safety protocols dependent on vaccination status, verification and vaccine mandates continue to raise unique confidentiality and privacy considerations for employers. Here are some important points...more

Fisher Phillips

Is Asking an Employee if They’re Vaccinated a HIPAA Violation? What Employers Need to Know

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“Are you fully vaccinated?” This seems to have become a million-dollar question that employers want to pose to their workers, but confusion abounds regarding the legal contours of this deceptively dangerous question. Many...more

Sheppard Mullin Richter & Hampton LLP

HIPAA and COVID-19 Vaccination Status: The Office of Civil Rights Issues Workplace Guidance

“The guidance reminds the public that the HIPAA Privacy Rule does not apply to employers or employment records.” On September 30, 2021, the U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights...more

McDermott Will & Emery

Can Employers Offer COVID-19 Vaccine Incentives for Employees?

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Can employers offer incentives for employees to get a COVID-19 vaccine? In short, yes. Incentives may take many forms, such as a one-time bonus, a gift card or a few extra vacation hours. Employers can get creative. ...more

McDermott Will & Emery

EEOC Issues New Guidance for Mandatory and Voluntary COVID-19 Vaccine Programs

Can an employer mandate or incentivize a COVID-19 vaccination? If so, what exceptions or exclusions apply? As COVID-19 vaccines have become increasingly available in the United States, and with new Centers for Disease Control...more

Butler Snow LLP

EEOC Issues New Guidance on COVID-19 Vaccine Incentives

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On the brink of a holiday weekend and the return of many employees from working remotely back to the office, the Equal Employment Opportunity Commission (“EEOC”) issued new guidance on Friday, May 28 regarding vaccinations in...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Conn Kavanaugh

EEOC Issues New Guidance on COVID Vaccination & Reopening of the Workplace

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The U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance on May 28, 2021 to help employers comply with federal anti-discrimination laws in reopening the workplace. The EEOC updated its Technical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Updates COVID-19 Guidance Regarding Vaccination Incentives, Reasonable Accommodation, and Other Issues

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated the vaccination section (section K) of its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The...more

Fisher Phillips

Employers Now Have 2 Clear Options to Provide Vaccine Incentives Thanks to New EEOC Guidance

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The EEOC kicked off the unofficial start of summer with a bang by clearing the way for employers to offer their employees incentives to get the COVID-19 vaccine in new guidance released on the eve of the Memorial Day weekend....more

Husch Blackwell LLP

EEOC Allows Employer COVID-19 Vaccine Mandates And Incentives

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On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) issued updated guidance for employers. This long-awaited guidance clarifies that employers can require COVID-19 vaccinations and even provide incentives...more

Bracewell LLP

EEOC Issues Guidance Confirming Vaccine Incentives are Lawful, Among Other Updates

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Earlier today, the Equal Employment Opportunity Commission (EEOC) issued its long-awaited guidance concerning the permissibility of employer vaccination incentive programs and, at the same time, provided further guidance...more

Jackson Lewis P.C.

EEOC Updates Its Guidance On Vaccine Mandates, Incentives, Confidentiality

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In its latest update to informal guidance on COVID-19 vaccination issues, the Equal Employment Opportunity Commission (EEOC) addressed vaccination mandates, incentives, and confidentiality, among other topics...more

Fisher Phillips

Santa Clara County Employers Must Track Employee Vaccinations: 8 Takeaways and a 5-Step Compliance Plan

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Businesses in Santa Clara County must get ready to comply with the County’s new vaccine tracking mandate by no later than June 1. The County of Santa Clara Emergency Operations Center issued a May 18 Order of The Health...more

CDF Labor Law LLP

Collecting Employee Vaccination Status Can Create Challenges for Employers

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While we are turning the corner on the pandemic, California employers still face challenges navigating the complex health and workplace rules pertaining to COVID. Compliance issues remain for employers that are now...more

Jackson Lewis P.C.

Updated Guidance From California’s DFEH At The One Year Mark Of The Pandemic

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California’s Department of Fair Employment and Housing (DFEH), the agency charged with administering California’s employment discrimination statute and regulations, has updated its COVID-19 guidance for employers. The updates...more

Clark Hill PLC

The EEOC Updates Employer Guidance to Address COVID-19 Vaccination

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The Equal Employment Opportunity Commission (EEOC) has updated its technical assistance questions and answers, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, to address COVID...more

McGuireWoods LLP

DIA 2015 Provides Panels on All Types of FDA-Regulated Products with Many Opportunities for Insight and Interaction – Part Two of...

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On the third day, the Center for Biologics Evaluation and Research (CBER) conducted its own Town Hall. CBER Director, Karen Midthun, explained how CBER works proactively to help develop new biological therapies. For example,...more

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